Archives: Arbitration

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Windstream v. Canada: How Regulatory Winds of Change Affected a Clean Energy Project

A recently-published NAFTA arbitration award in Windstream Energy LLC v. Government of Canada illustrates the perils of investing in clean energy projects in jurisdictions with ever evolving regulatory and policy frameworks.  The case is also a good reminder of the importance of investing in foreign jurisdictions through vehicles incorporated in countries that have adequate investment-protection … Continue Reading

‘Trigger Happy’: Considering the Requirements of Your Price Review Clause

Given the fall in oil prices, many participants in the oil sector have been forced to re-evaluate their investments.[1]  A drop in oil prices not only impacts the oil industry; it can also have a significant effect on gas and LNG prices around the world.  Many long-term gas and LNG sales agreements continue to peg … Continue Reading

Nigerian Court of Appeal Allows Third Party to Challenge Arbitration Award

In the recently published Abuja Court of Appeal case of Statoil (Nigeria) Limited & Anor v. Federal Inland Revenue Service & Anor ((2014) LPELR-23144(CA)) (“Statoil”) dated 13 June 2014,  the Nigerian court held that a third party had locus standi to challenge an arbitration agreement to which it was not a party. This decision has … Continue Reading
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